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HomeMy Public PortalAbout2008_05_13 COUNCIL MEETING May 13, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Katie Sheldon Hammier, Susan Horne, Ken Reid, David Schmidt, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Martinez arrived at 8: 12 p.m. Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby, Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich, Chief of Police Joseph Price, Chief of Accounting and Reporting Kim Williams, Environmental Planner Irish Grandfield, Recreation Programs Manager Kate Trask, Management Specialist/Deputy Clerk of Council Debi Parry, and Clerk of Council Lee Ann Green AGENDA ITEMS A. Invocation by Mayor Umstattd B. Salute to the Flag was led by Council Member Reid C. Roll Call showing Council Member Martinez absent. D. Minutes a. Work Session Minutes of March 10, 2008 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes were passed 6-0-1 (Martinez absent) b. Regular Session Minutes of March 25, 2008 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes were passed 6-0-1 (Martinez absent) c. Work Session Minutes of April 21, 2008 On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the minutes were passed 6-0-1 (Martinez absent) E. Presentations 1. Certificates of Appreciation - Keep Leesburg Beautiful Debi Parry stated 189 bags of trash were collected by volunteers through the Keep Leesburg Beautiful program. The volunteers were recognized with Certificates of Appreciation: Kristen Umstattd Susan Horne Marty Martinez Comcast Jennifer Eaton Kate Trask Debi Parry John Wells Kelly Burk Dawn O'Connor Jim Sisley Debbie Wells Irish Grandfield Kendrick Umstattd Kathleen Leidich Oaklawn Timberland Virginia McGuire Caroline Fetterman David Butler Dylan Gordijenko Lisa Capraro Town Council Meeting of May 13. 2008 Wendy Overton James Overton Linda Elliott Todd Wright Anthony Jackson Areanna Scott Anna Zohore Bryan Martinez Braxton O'Dell Donnell Coates Duron Norris Eugene Asamoah Edwin Vasquez John Amenyah Josh Jackson Jonique Mitchell Kemberly Valenzuela Marvin Nrrymah Nashurah Russell Ouleymatou Diallo Samuel Amenyah Stanley Hernandez Sunny Pawar Steven Vanegas Tony Conway Taelon Wright Gretchen Fish Lindsey Brooks Ryan Wright Awa Diallo Ali McConnell Aalijah Smith Bria Goode Brenda Melecio Bria O'Dell Denise Nguimooh Darius Taylor Eric Costello Ivan Nguimooh Jarvis Asamoah Jack Meadows Kennedy Jenkins Marianita Garcia Nakea Frye Natejah Smith Queenly Nrrymah Saria Baires Steven Meadows Sharyssa Rock Travon Bush Tenaya Tibbs Yolande Ndjomgoue 2. Certificate of Appreciation - Randy Morris A Certificate of Appreciation was awarded to Randy Morris for his service to the Leesburg Airport Commission from September 2005 through April of 2008. 3. Proclamation - Business Appreciation Week On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the proclamation was approved by the following vote: Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) PROCLAMA TION BUSINESS APPRECIATION WEEK May 11 - May 17,2008 WHEREAS, the Town of Leesburg is home to a diversified community over 1,500 businesses; and WHEREAS, the Town actively supports its local business community and is working to make Leesburg a better place to start and grow a business; and Page 3 Town Council Meeting of Mav 13. 2008 Page 4 WHEREAS, the Town's business community is committed to make a difference for the citizens of Leesburg; and WHEREAS, these businesses provide local services and revenues from which the entire local citizenry benefit; and WHEREAS, we recognize and appreciate that the local businesses have chosen to locate in the Town of Leesburg. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 11 through May 17 in the year 2008 as Business Appreciation Week in the Town of Leesburg, and by virtue of this proclamation, recognize our existing businesses, and give notice to our citizens that the businesses of Leesburg are exemplifying this year's theme of "Virginia: The State of Small Business." PROCLAIMED this 13th day of May 2008. 4. Proclamation - National Tourism Week PROCLAMA TION 25th Annual National Tourism Week Discover Great American Traditions May 10 - May 18, 2008 WHEREAS, the Travel Industry Association announces the silver, 25th annual national Tourism Week titled' Discover Great American Traditions' to celebrate the power of travel through our town, county and state; and WHEREAS, the tourism industry contributes substantially to the Leesburg community cultural and social well being by way of the attractions, special events, arts, shopping and dining opportunities; and WHEREAS, each Leesburg household receives more than $176.00 annually in combined Town and County tax relief as a result of visitor spending; and WHEREAS, 4,522 visitors to the Town Hall Visitors center alone generated more than $3,014,000 in direct visitor spending to the Town of Leesburg; and WHEREAS, we strive to maintain Leesburg's position as a "must see" for visitors from around the globe. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 10 through May 18 in the Year 2008 as "Travel & Tourism; Discover Great American Traditions" in the Town of Town Council Meetinq of Mav 13. 2008 Paqe 5 Leesburg and urge the citizens to support our local tourism industry businesses. PROCLAIMED this 13th day of May 2008. 5. Environmental Advisory Commission - Energy Star Change a Light, Change the World Campaign Virginia McGuire, Chairman, Environmental Advisory Commission, introduced Mary Haberl, Commission member. She stated Dr. Haberl is bringing forth an initiative to leverage resources by working with other organizations to help the Town achieve its environmental goals. She recommended that citizens go to the Energy Star website at www.energystar.com and sign up. On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following motion was proposed: RESOLUTION 2008-72 Supporting Town Participation in the Energy Star Change a Light, Change the World Campaign The motion was approved by the following vote: Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) 5. Proclamation - National Police Week On a motion by Vice Mayor Horne, seconded by Council Member Hammier, the following Proclamation was proposed: The motion was approved by the following vote: Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) PROCLAMA TION NA TIONAL POLICE WEEK MAY 11 - MAY 17, 2008 WHEREAS, The Congress and the President of the United States have designated May 15th as Peace Officers Memorial Day, and the week in which May 15th falls as National Police Week; and WHEREAS, during this National Police Week the names of almost 200 law enforcement officers who made the ultimate sacrifice in 2007 will be added to the Law Enforcement Memorial; and Town Council Meetinq of May 13. 2008 Paqe 6 WHEREAS, the members of the Leesburg Police Department play an essential role in safeguarding the safety and the rights and freedoms of the citizens of Leesburg; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; THEREFORE, the Mayor and Council of the Town of Leesburg, wishes to honor and to thank the members of the Leesburg Police Department for dedicated service to their community and to remember and honor as fallen heroes those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community. PASSED this 13th day of Mav 2008. F. Petitioners The petitioners section was opened at 8:07 p.m. There were no petitioners. The petitioner's section was closed at 8:07 p.m. G. Public Hearing 1. Other Post Employment Benefits (OPEB) - Health Insurance The public hearing was opened at 8: 10 p.m. Kim Williams stated the Town is required to report this liability on its financial statements. She recommended the proposed ordinance be adopted to allow the Town to join the Virginia Pooled OPEB Trust to fully implement GASB (Government Accounting Standards Board) directives and classify retiree health care benefits as Other Post Employment Benefits. The public hearing was closed at 8: 12 p.m. On a motion by Council Member Wright, seconded by Vice Mayor Horne, the following motion was proposed ORDINANCE 2008-0-15 Amending Section 12.1-1 of the Town Code and Chapter 7 of the Personnel Policy Manual to Establish a Trust for Other Post Employment Benefits The motion was approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of Mav 13. 2008 Page 7 2. Veteran's Park Boundarv Line Adiustment The public hearing was opened at 8: 14 p.m. Jeanette Irby stated the documents for the Boundary Line Adjustment are in the County Attorney's office. She recommended holding the public hearing open until comments from the County Attorney's office are received. H. Legislation ORDINANCES None CONSENT AGENDA On a motion by Council Member Reid, seconded by Council Member Martinez, the following consent agenda was proposed: 1. Battlefield Parkway Trail between Sycolin Road and Beauregard Drive RESOLUTION 2008-67 Battlefield Parkway Trail Between Sycolin Road and Beauregard Drive 2. Making a Reduction of the Performance Guarantee for Public Improvements Installed in the Western Loudoun Medical Center - Medical Office Building RESOLUTION 2008-68 Making a Reduction of the Performance Guarantee for Public Improvements Installed in the Western Loudoun Medical Center - Medical Office Building 3. Approving a Supplemental Appropriation of $98,000.00 to the Parks Department FY2008 Budget to be Used for Improvements to Brandon Park Resulting from a Community Development Block Grant Awarded to the Town RESOLUTION 2008-69 Approving a Supplemental Appropriation of $98,000.00 to the Parks Department FY2008 Budget to be Used for Improvements to Brandon Park Resulting from a Community Development Block Grant Awarded to the Town. 4. Making an Appointment to the Airport Commission - Tom Dunlap RESOLUTION 2008-70 Making an Appointment to the Airport Commission The consent items were approved by the following vote: Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Nay: None Vote: 7-0 Town Council Meeting of May 13. 2008 Page 8 I REGULAR AGENDA I. BOARDS AND COMMISSIONS 1. Airport Commission No report 2. Thomas Balch Library Commission Council Member Schmidt stated there is a meeting tomorrow night. 3. Board of Architectural Review Council Member Reid noted they are working on the Design Guidelines. He stated he communicated the objectives that have been adopted by Council to ensure the guidelines are adopted by Council in Fall 2008. 4. Cable Television Advisory Commission Council Member Hammier noted there is a meeting next Tuesday. 5. Commission on Public Art Council Member Martinez noted there is a meeting on Thursday. 6. Economic Development Commission Vice Mayor Horne expressed her appreciation for the Business Appreciation Awards Dinner. She stated the event was very well planned. 7. Environmental Advisory Commission Council Member Reid noted there would be a meeting next Wednesday. 8. Information Technology Commission No report. 9. Parks and Recreation Commission No report. 10. Planning Commission Council Member Wright noted there will be a meeting on Thursday. 11. Tree Commission No report. 12. Standing Residential Traffic Committee Council Member Reid stated they would be having a meeting to discuss the need for a sidewalk on the west side of Plaza Street. J. OLD BUSINESS There was no discussion of the following items: 1. Parking Summit 2. Loudoun Street Development Options Follow-up a. Survey b. Community meeting 3. Joint BOS/Council Meeting 4. Future Plans for Cangiano Tract Town Council Meetinq of May 13. 2008 Page 9 5. Town Code Amendment - noise related issues 6. Site Plan review time limits 7. Councilmanic Liaison Code Changes 8. Special Exception requirements for similar uses 9. Lawson Road 10. Civic Sign Follow-up 11. SAGE Project Follow-up K. NEW BUSINESS (FOR CONSIDERATION TONIGHT) 1. PPEA Waiver and Acceptance Council Member Schmidt stated this is a very serious proposal that could be very positive for the Town. He stated he supported the fee waiver. Mayor Umstattd agreed stating she supports the fee waiver. Ms. Irby stated staff had weighed the fee waiver very carefully. She stated they did not want to establish a precedent of waiving fees in every case. She stated under this specific circumstance, a fee waiver would be appropriate. Vice Mayor Horne stated there is valid logic to waiving the fee. She stated she would like information gathering to continue as she believes the park concept should proceed along in parallel fashion. Council Member Martinez agreed that this proposal has a lot of merit. Council Member Hammier stated she supports waiving the fee and looks forward to making significant progress in evaluating all the options. Council Member Wright stated this gives us an opportunity for further momentum downtown. Council Member Reid stated he is very pleased to see this proposal and supports the fee waiver. He stated he hopes to see other solicitations for this property and others. Mr. Wells stated he will be reviewing the proposal working under the assumption that they have completed everything. He stated he would report back to Council and begin advertising for other bids. He stated one of the steps in the evaluation process is to provide an opportunity for others to provide proposals. He stated Council could opt to solicit a proposal with criteria. On a motion by Council Member Hammier, seconded by Council Member Wright, the following was proposed: RESOLUTION 2008-71 Waiver of fee for Unsolicited Public Private Education Facilities and Infrastructure Act Proposal for Loudoun Street Development and Direction to Accept Proposal for Further Analysis The motion was approved by the following vote: Aye: HammIer, Horne, Martinez, Reid, Schmidt, Wright and Mayor Umstattd Town Council Meetinq of Mav 13. 2008 Page 10 Nay: None Vote: 7-0 L. COUNCIL COMMENTS Council Member Reid congratulated Karen Jones on her hiring as the Town's Business Retention Coordinator. He also congratulated the Mayor on winning her re- election as well as Council Member Hammier for winning re-election and Council Members-Elect Butler and Dunn on their elections. He questioned whether a Charter Amendment could be accomplished to move elections to a weekend day so that voter turnout would not be so disappointing. He said he spoke with returning National Guardsmen at last month's ceremonies at the Armory and was impressed with their support for our efforts in Iraq. He asked that Rabbi Michael Ragozin be invited to deliver the benediction at the Swearing-in Ceremony on July 1. He assured Vice Mayor Horne and the residents of the Southwest Quadrant that he is not working to kill the Southwest Connector Trail. He stated he was pleased to have been able to attend part of the celebration for the return of the National Guard troops. Council Member Wright congratulated the Mayor, Council Member Hammier and Council Members-Elect Dunn and Butler. He congratulated Frank Holtz for running a very good campaign. He acknowledged Ida Lee Recreation Center for hosting the polling for the precinct that formerly voted at the Fire Station. He stated Ida Lee did a great job. He apologized for not being able to attend the Business Appreciation Awards Dinner, but congratulated the winners. He disclosed a phone call with Colleen Gillis-Snow. He gave a brief Relay-For-Life update noting that there are only 19 days left until the event. He stated there is still time to sign up to walk and/or contribute to the cause. He stated the Dollars for Dogs and the Pie in the Face events will raise funds for this cause. He extended his appreciation to Management Specialist Debi Parry for her work coordinating the fundraising and to all Town Staff that are participating. He requested that Councilmanic Liaison Code changes be on the worksession agenda for the next meeting. He also asked that the Council review their Rules of Order. Council Member Hammier welcomed home the National Guard troops. She stated she was very sorry to have missed the welcome home event. She noted she lived through the reserve experience. She disclosed a meeting with Lisa Capraro and Peter Burnett. She stated she was very proud of the presentation given by the Urban Land Institute and Karen Jones to the Loudoun County Economic Development Commission. She stated she enjoyed the Town employee picnic despite the wet weather. She stated she appreciated the spirit of cooperation from the landowners offering easements for the Battlefield Parkway Trail. She congratulated Dave Butler and Tom Dunn for their elections and noted that Frank Holtz ran a wonderful campaign. She thanked Town Staff for adding the list of Polling Places to the Town's Website. Council Member Martinez apologized for being late. He stated he is grateful for the rain, even though Lawson Road is flooded and it postponed some baseball activities. He announced Shenandoah University's Teacher of the Year will be awarded to a western Loudoun teacher. He congratulated Tom, Katie and Dave. He stated Frank Holtz ran a great race and stated he is a valuable asset to the Town. He stated he appreciated everything the National Guard troops have done. He thanked Melanie Miles for bidding on the Pie in the Face for Relay for Life. He noted Donations for Dogs is open to the public and he will be helping to serve hot dogs. He Town Council Meetinq of May 13. 2008 Page 11 stated even if someone can't attend one of the fundraising events, they can contribute through the website. He apologized for missing the Business Awards, but congratulated all the winners. He congratulated Karen Jones for her hiring and stated she will be a great asset. He congratulated the Mayor on her re-election. He stated he will miss Vice Mayor Horne and Council Member Schmidt. Vice Mayor Horne stated she regretted not being able to welcome the troops home. She stated she remembered how hard it is to say goodbye to the troops. She stated she made her contribution to Relay for Life. She stated she was grateful for the opportunity to attend the Northern Virginia Community Arts Foundation fundraiser at the National Conference Center. She stated it is a lovely addition to the community and further noted that Leesburg needs a venue for the performing arts. She congratulated Patrick Flynn of Pump it Up for running one of the top five franchises in the country. She congratulated those who won the elections. She stated Frank Holtz has a lot to offer the community. She stated she would like to keep the log cabin as a visitor's center and would like to see a report on the addition of bathroom facilities. She stated she met with the leadership of the Downtown Improvement Association. She congratulated Karen Jones on her recent hiring as Business Retention Coordinator. She stated this is a great opportunity to tap into her expertise and breadth of experience. She stated she is glad to hear Council Member Reid is supporting the Southwest Trails Task Force. Council Member Schmidt stated he was glad to see the development of the Business Appreciation Awards event from 2003. He stated the Town Staff did a nice job. He congratulated the Mayor and Council Member Hammier on their re-elections. He congratulated the new Council Members and stated it is harder to serve on the Planning Commission than it is to serve on the Council. He stated he checked and there is nothing to prohibit the hazing of new Council Members. M. MAYOR'S COMMENTS Mayor Umstattd thanked the Council for their support of the National Guard troops. She stated the Guardsmen appreciated Leesburg's efforts. She noted that not every town where a guard unit comes home puts out the level of welcome that Leesburg did. She stated the entire Council was behind this and them and it made a huge difference to them. She stated she appreciated Tony Howard and the Chamber of Commerce for their thanks to the families. She stated there will be a Freedom Salute in August, which will be a bigger ceremony. She congratulated Dave, Tom and Katie. She noted that Frank Holtz ran a gentlemanly campaign and stated she would make a note about hazing of new Council Members. Council Member Reid stated he wanted to give words of encouragement to Frank Holtz. N. MANAGER'S COMMENTS Mr. Wells noted that the next set of Council meetings after the Memorial Day holiday would include a 6:30 start time for the Wednesday meeting to allow time for the Urban Land Institute study presentation. He stated William Ackman, Chief of Engineering, has been selected at the new Director of Plan Review. He stated this establishes a stand alone department for plan review as of July 1. He congratulated the Mayor and Council Member Hammier on their re-elections. He stated that he and staff are looking forward to working with the new Council Members and they would be having an appropriate send off for the retiring Council Members. Town Council Meetinq of May 13. 2008 Paqe 12 o. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the meeting was adjourned at 9:05 p.m. ~~. ~~ 'Kriste C. U stattd, Mayor ( Town of Leesburg -- 2008_ TCMIN0513